Out-of-court dispute settlement bodies
Article 21 of the Digital Services Act entitles recipients of a service to select a certified out-of-court dispute settlement (ODS) body to resolve disputes relating to decisions of online platforms.
This includes decisions relating to complaints that have not been resolved by means of the internal complaint-handling system of an online platform. The decisions of ODS bodies are not binding.
In accordance with Article 21 of the Digital Services Act, Coimisiún na Meán has the power to certify an applicant as an ODS body, where the applicant meets the following conditions:
- Impartiality and independence, including financially independence, in relation to providers of online platforms and recipients of the service.
- Expertise in relation to areas of illegal content, or in relation to the application and enforcement of terms and conditions of online platforms.
- Remuneration, which requires that ODS body members are remunerated in a way that is not linked to the outcome of the procedure.
- Accessibility, which requires that the ODS settlement is easily accessible, through electronic communications technology and provides for the possibility to initiate the dispute settlement and to submit the requisite supporting documents online.
- Swift and efficient dispute settlement, which requires that the ODS body can settle disputes in a swift, efficient, and cost-effective manner and in at least one of the official languages of the institutions of the Union.
- Clear and fair rules, which requires that the ODS settlement takes place in accordance with clear and fair rules of procedure that are easily and publicly accessible.
Application
Bodies which are established in Ireland may apply to us for certification under Article 21 of the Digital Services Act.
If you would like to apply for certification or if you have any queries in relation to the certification process, please email [email protected].
Certified out-of-court dispute settlement bodies
Appeals Centre Europe (ACE)
The certification is granted for a period of five years, from 26 September 2024 to 26 September 2029. The area of expertise for which the certification is granted is the application and enforcement of terms and conditions of online platforms. ACE is a company registered in Ireland.